By Haywood                                       S.B. No. 207

      75R1032 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the distribution of exemplary damages in certain civil

 1-3     suits.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 41.012, Civil Practice and Remedies Code,

 1-6     is amended to read as follows:

 1-7           Sec. 41.012.  JURY INSTRUCTIONS.  In a trial to a jury, the

 1-8     court shall instruct the jury with regard to Sections 41.001,

 1-9     41.003, 41.010, [and] 41.011, and 41.014.

1-10           SECTION 2.  Chapter 41, Civil Practice and Remedies Code, is

1-11     amended by adding Section 41.014 to read as follows:

1-12           Sec. 41.014.  PAYMENT OF AWARD TO GENERAL REVENUE FUND.  The

1-13     court shall order an award of exemplary damages  be paid to the

1-14     comptroller for deposit in the general revenue fund.

1-15           SECTION 3.  This Act takes effect September 1, 1997, and

1-16     applies only to a cause of action that accrues on or after that

1-17     date.  An action that accrues before the effective date of this Act

1-18     is governed by the law applicable to the action immediately before

1-19     the effective date of this Act, and that law is continued in effect

1-20     for that purpose.

1-21           SECTION 4.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended.